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PREFACE

The 1966 Amendments to the Fair Labor Standards Act extended the protections of this law to more than 9 million additional employees. The amendments also increased the minimum wage payable to employees already covered and made other important changes in the act.

After enactment of the 1966 amendments the Division of Legislation, Office of the Solicitor, Department of Labor, undertook to collect and prepare for publication the materials contained in this legislative history. By arrangements with the Committee on Labor and Public Welfare, U.S. Senate, it is being made available for public

use.

This legislative history contains the public law, the reports of the Senate and House committees and of the committee of conference, together with two indexes. One is a section-by-section index and the other is an alphabetical index by subject matter. They give the page numbers in the committee reports and the congressional record where material or debate on each item in the two indexes appears along with the page number in the committee print.

It is hoped that this compilation will be of assistance in furnishing more ready access to material respecting particular subjects, some of which are mentioned numerous times and others only infrequently in the many pages of committee reports and congressional debate on the 1966 amendments.

(III)

Public Law 89-601
89th Congress, H. R. 13712
September 23, 1966
An Act

To amend the Fair Labor Standards Act of 1938 to extend its protection to additional employees, to raise the minimum wage, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Fair Labor be cited as the "Fair Labor Standards Amendments of 1966".

TITLE I-DEFINITIONS

TIPS

Standards Amendments of 1966.

SEC. 101. (a) Section 3 (m) of the Fair Labor Standards Act of 1938 52 Stat. 1061; is amended by adding at the end thereof the following new sentence: 75 Stat. 65. "In determining the wage of a tipped employee, the amount paid such 29 USC 203. employee by his employer shall be deemed to be increased on account of tips by an amount determined by the employer, but not by an amount in excess of 50 per centum of the applicable minimum wage rate, except that in the case of an employee who (either himself or acting through his representative) shows to the satisfaction of the Secretary that the actual amount of tips received by him was less than the amount determined by the employer as the amount by which the wage paid him was deemed to be increased under this sentence, the amount paid such employee by his employer shall be deemed to have been increased by such lesser amount."

(b) Section 3 of such 'Act is amended by adding at the end thereof the following new subsection:

"(t) "Tipped employee' means any employee engaged in an occupa- "Tipped tion in which he customarily and regularly receives more than $20 a employee." month in tips.”

DEFINITION OF ENTERPRISE

SEC. 102. (a) Section 3 (r) of such Act is amended by adding at the end thereof the following: "For purposes of this subsection, the activities performed by any person or persons

"(1) in connection with the operation of a hospital, an institution primarily engaged in the care of the sick, the aged, the mentally ill or defective who reside on the premises of such institution, a school for mentally or physically handicapped or gifted children, an elementary or secondary school, or an institution of higher education (regardless of whether or not such hospital, institution, or school is public or private or operated for profit or not for profit), or

"(2) in connection with the operation of a street, suburban or interurban electric railway, or local trolley or motorbus carrier, if the rates and services of such railway or carrier are subject to regulation by a State or local agency (regardless of whether or not such railway or carrier is public or private or operated for profit or not for profit),

shall be deemed to be activities performed for a business purpose."
(b) Section 3(d) of such Act is amended by inserting after "of a
State" the following: "(except with respect to employees of a State,
or a political subdivision thereof, employed (1) in a hospital, institu-
tion, or school referred to in the last sentence of subsection (r) of this
section, or (2) in the operation of a railway or carrier referred to in
such sentence)".

(c) Section 3 (s) of such Act is amended to read as follows:

80 STAT. 830

80 STAT. 831

"(s) 'Enterprise engaged in commerce or in the production of goods "Enterprise enfor commerce' means an enterprise which has employees engaged in gaged in com

merce, etc."

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